Gorham

Mr. Chief Justice Murray concurred.

*196 From the statement, it appears that plaintiff, having recovered in the Superior Court a judgment against one Dockham, took out an execution and placed it in the hands of defendant, who was Sheriff of San Francisco, with instructions to levy on and sell certain personal property, which was done, and a sufficient sum of money received to satisfy the plaintiff’s judgment; that after the return day of said execution, he demanded of defendant the amount due on his execution, and that defendant refused to pay the same.

The defendant, after admitting the facts as above, alleges that prior to the issuing of plaintiff’s execution, one Bean had caused execution to to issue against the same defendant, which was served on one Sibley, with notice that all the property and effects in his hands, belonging to defendant in execution, were attached; that the property sold under plaintiff’s execution was at the time of said service in the hands of Sibley, and that the proceeds of the sale were claimed by Bean under his execution. He therefore asks, that the Court will determine the party entitled to receive the money. The Court rendered judgment for the…